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Home My WebLink About2000-02-23 Packet CITY COUNCIL MEETING AGENDA WEDNESDAY, FEBRUARY 23, 2000 Z 6:00 p.m. i CALL TO ORDER l . Roll Call /iII PUBLIC HEARING (S) fi 1 APPEARANCES /AWARDS I/ (V • CONSIDERATION OF MINUTES I 1 February 9, 2000 City Council Meeting Minutes PAYMENT OF CLAIMS /4 The City of Centerville February 10 through February 23, 2000 tA Centennial Fire District WI. SET AGENDA WII. PETITIONS ND COMPLAINTS )(any k« 4 - Ave*, 04. WIII. UNFINISHED BUSINESS ✓1/ Snowmobile Strategies for the year 2000 "l/ Eagle Trucking IS. Health Benefits SIX. / NEW BUSINESS Select Cable Operator Goals and Objectives for 2000 Public Works Property Request for Proposals Hunter's Crossing Feasibility Study and Comprehensive Plan Amendment Appointment of Mady Reiter as Police Commission Chairperson /1 YMCA — Developme t Agreement outN� y L%- Qw�Y $ n. v Mo..4 t I CONSENT AGENDA tep Increase for Jill Lien from Step 3 to Step 4, Grade 2 — based on satisfactory performance review. (4 COMMITTEE REPORTS I1. I DM_ _ NI,STRATORS REPORT \ ' XIIL AA) JOURNMENT ' y tat iiUtt MEMO DATE : February 17, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Snowmobile Strategies for the year 2000 This item is being placed on the agenda to further discuss which ideas from the snowmobile public hearing we want to pursue for the next snowmobile season. Mr. Doug Koppy (Rice Creek Trail Association) plans to be present at the meeting. One of the main items suggested at the public hearing was more enforcement and additional education efforts. City staff has requested from the DNR the list of registered snowmobiles within the community. Our thoughts are to mail a half page notice out to the residences that harbor snowmobiles. This notice could contain the curfew hours, speed limit, appropriate method of riding on the street, etc.. I believe that if we want to have a higher level of enforcement by the police department we would need to place those requests in writing to the Police Commission. This request could include additional hours spent in the community on the department snowmobile, instructions to decrease or eliminate warnings for violations and instead issue citations etc... I have heard from a number of people that they have seen more snowmobiles obeying the rules since the public hearing. I believe the public hearing was an effective way to begin the education process. We have distributed several copies of the snowmobile ordinance to those that have called or stopped in for a copy. Centennial Fire District 7741 Lake Drive Lino Lakes, MN 55014 (651) 784 -7472 - Office (651) 784 -2427 - Fax February 16, 2000 TO: City Council City of Circle Pines City Council City of Centerville City Council City of Lino Lakes FROM: Milo Bennett SUBJECT: Ratification of expenditures and approval for payment of February expenses. Your approval of February expenses as listed on the attached copy of the check register, checks #12059 — 12074, in the amount of $90,128.00 is hereby requested. Centennial Fire District Page 1 of 1 Check Register DATE CHECK# NAME ACCOUNT AMOUNT 02/16/2000 12059 Automatic Fire Alarm Association, Inc. 42220 - Travel, Conference, School 129.00 02/16/2000 12060 Capitol Communications 42110 -Other Maintenance 60.90 02/16/2000 12061 Cy's Uniforms 42120 - Uniform Expense 125.55 02/16/2000 12062 Eddy Brothers Company 42110 -Other Maintenance 47.30 02/16/2000 12063 Fairview Lakes Clinic 42150 - Medical Physicals 684.00 02/16/2000 12064 Frattallone's Hardware 42110 -Other Maintenance 81.15 02/16/2000 12065 National Fire Protection Association 42200 -Dues and Memberships 590.00 02/16/2000 12066 Northern States Power 42254- Station 2 - Electric 509.84 02/16/2000 12067 Pagenet 42240 - Telephone 114.86 02/16/2000 12068 Pehl, Hinschberger Associates, LTD. 42160- Accounting Services 200.00 02/16/2000 12069 Reliant Energy Minnegasco 42253- Station 2 - Gas 716.00 02/16/2000 12070 Rick Bangert 42130- Equipment Expense 230.35 02/16/2000 12071 Tom French 42220 - Travel, Conference, School 189.84 02/16/2000 12072 U.S. West 42240- Telephone 529.02 02/16/2000 12073 Viking Office Products 42180 - Office Supplies 102.19 02/16/2000 12074 Toyne, Inc. 11100- Equipment 85.818.00 Total 90,128.00 FEE -23 —e0 03::38 PM MONTANRRI HOMES INC. 661 273 0678 P.02 ontanari Homes. Inc. 14775 • 13(nb S Iwo t Court North. • Huge, Miunerola 55038 • (i51) 430. • Fax ((i51) 43()-‘)366 February 23, 2000 City of Centerville Members of City Council Re; Permit to move concrete Legal: Lot 4 Block 1 Address: 1269 Mound Trail Centerville, MN 55118 To Whom It May Concern; This letter Is to serve u a formal request for a one time permit to move a seven ton concrete pump truck to 1269 Mound Trail on Centerville Lake between February 28 and March 3'd weather permitting. Reason for request we were issued a permit to build a home at above - mentioned address on February 21 We excavated on February 2V' and 22"" and on February 2r we learned that a mad restriction would be put in place on February 29. This does not allow us enough time to get our foundation set. Please respond to this matter as soon as possible our phone is 651- 275-0690. Sincerely ./r' Ban • ari President Momanari Homes, Inc. Co Randy CITY OFCENTERVILLE Complaint Number COMMUNITYACTION NOTICE 651 PART I. BACKGROUND Date Complaint Taken 2/22/00' COMPLAINANT T ime Last Name Koch First Name tarry By: Address 1626! Peltier Lake Drive Phone # - work Phone # - home COMPLAINT INFORMATION ADDRESS: NAME (IF KNOWN): Phone Last First Junk Vehicle ❑ Weeds ❑ Animal ❑ Noise ❑ Other hA Explain Mr. Koch explained his concern over a red car that parks along Peltier Lake Drive daily. This vehicle creates a safety hazard to other vehicles using the road, because the road is not wide enough. Today, among the dense fog, he : witnessed two cars almost /it)o /mod /✓1 Grcidc2_ - i - / 5 . What type of Response is Required: Immediate ❑ Time Permits ® Complaintant Informed ❑ Complainant Response Required ❑ RESPONSE METHOD: Department Referred to: J. March (Department) Administration (Employee) PART II. FOLLOW UP: Action Taken Mr. March will bring the complaint to Council. Completed ❑ Date of Action Person Contacting Complainant: Department: Additional Information • r o • f Nal 10 a ' 1, BALANCE IN CHECKING ACCOUNT AS OF Feb. 10, 2000 $2,460,028.00 RECEIPTS $46,068.81 $ 46,068.81 DISBURSEMENTS $54,434.44 ($ 54,434.44) PAYROLL PERIOD ENDING 2/13/00 ($ 9,142.48) BALANCE IN CHECKING ACCOUNT AS OF Jan. 26, 2000 $2,442,519.89 bic .1' 0 r r do 71 u s t ery 0 ft � �F 1157 ; , t 7' (Established 1857 23 Feb 2000 . 022/10- 02123/00 Page 1 Wed 1:06 PM CITY OF CENTERVILLE Ref Last Dim Transaction Batch Number Tp Account Code Description Amount Date Comments Name Customer Number 3R 101 - 336270 REFUNDS /REIMBURSEMENTS 0.25 15- Feb-00 PHOTO COPIES 021400 2 k 101 -36270 REFUNDS /REIMBURSEMENTS 0.25 15- Feb -60 PHOTO Cww•1ca 021400 5217 R 601 - 371' Water Sales 1,806.60 15- Feb-60 UTILITIES BATCH #1112 & 1 021406 5217 R 602 -37200 Sewer Sales 2.206.62 15- Feb-00 UTILITIES BATCH 11112 i 1 021400 5217 R 415 -32350 STORM WATER DRAINAGE FUND 1i5.62 15- Feb-60 UTILITIES BATCH #i112 & 1 021400 5217 R 601 -37100 Water Sales 72.65 15- Feb-60 UTILITIES BATCH #1112 & i 021406 5217 R 601 -34400 SAFE DRINKING WATER FEE 5.21 15- Feb-00 UTILITIES BATCH #1112 & 1 021400 5210 R 601 -37100 Water Sales 1,637.21 15- Feb-00 UTILITIES 021400 5210 R 602 -37200 Sewer Sales - 2,234.26 15- Feb -00 UTILITIES 621460 5210 R 415 -32350 STORM WATER DRAINAGE FUND 119.54 15- Feb -00 UTILITIES 021400 5210 R 601 -34400 SAFE DRINKING WATER FEE 99.19 15- Feb-60 UTILITIESS 021400 5210 R 601 -37100 Water Sales 37.75 15- Feb -60 UTILITIES 021400 5205 R 601 -37100 Water Sales 1,475.37 15- Feb -60 UTILITIES 021400 5205 R 602 -37200 Sewer Sales 2,519.70 15- Feb -60 UTILITIES 021400 5205 R 415 -32350 STORM WATER DRAINAGE FUND 134.20 15- Feb-00 UTILITIES 021400 5205 R 601 -34400 SAFE DRINKING WATER FEE 10.42 15- Feb -60 UTILITIES 021400 5205 k 601 -37100 Water Sales 40.45 15- Feb -00 UTILITIES 021400 5233 R 602 -37200 Sewer Sales 541.60 15- Feb-00 UTILITIES -BATCH #1118 d 1 021400 5233 R 601 -37100 Water Sales 287.70 15- Feb-00 UTILITIES -BATCH #1116 8 1 021400 5233 R 415 -32358 STORM WATER DRAINAGE FUND 2 28.00 15- Feb-00 UTILITIES -BATCH #1118 i 1 021400 5233 R 101 -36280 SALES TAX COLLECTIONS 2.24 15- Feb-00 UTILITIES -BATCH 11118 & 1 021400 5207 R 620 -36200 Miscellaneous Revenues 25.00 15 -Feb -00 WINTER NEWSLETTER 021400 5208 R 101 -32225 ELECTRICAL PERMITS 22.00 15- Feb -00 1662 LAKELAND CIRCLE 021400 5209 R 602 -37200 Sewer Sales 390.00 15- Feb -00 UTILITIES -BATCH #1113 021400 5209 R 415 - 32350 STORM WATER DRAINiG'GE FUND 2.00 15- Feb -00 UTILITIES - BATCH #1113 021400 5212 R 101 -32200 Non- Business Licenses /Permits 7.50 15- Feb -60 CAT LIC. -7046 EAGLE TRAIL 021400 5214 R 101 -32100 Business Licenses /permits 50.00 15- Feb -00 RENTAL APP. -1637 PELTIER 621400 5213 R 801 -36233 ESCROW DEPOSITS 660.00 15-Feb-06 1672 LAKELAND CIR. -MCCALL 021.00 5216 k 101 -36276 REFUNDS /REIMBURSEMENTS 40.00 15- Feb-00 WINTER NEWSLETTER- MONTAIN 021400 5215 R 101 -32210 Building Permits 60.50 15-Feb -66 MECH. -6966 MEADOW CIRCLE 021400 5215 R 101 -32180 Other Licenses /Permits - leases 66.00 15- Feb-00 PLUMB -6966 MEADOW CIRCLE 021400 5218 R 415 -32350 STORM WATER DRAINAGE FUND 200.00 15- Feb-00 1275 MOUND TRAIL- PACIFIC 021400 5218 R 101 -32300 SITE MINT FEE -BLDG PERMITS 223.00 15- Feb-00 1275 MOUND TRAIL-PACIFIC 021460 5218 R 101 - 32256 MIL BOX FEES 25.00 15- Feb -00 1275 MOUND TRAIL- PACIFIC 621400 5218 R 602 - 3 Sewer Connect /Reconnect Fee 1,750.60 15 -Feb-00 1275 MOUND TRAIL - PACIFIC 621400 5218 R 602 - 3470:; SAC CHARGES 1,100.00 15- Feb-00 1275 MOUND TRAIL-PACIFIC 021900 5206 k 101 -32210 Building Permits 3,639.63 15- Feb-00 1275 MOUND TRAIL - PACIFIC 021400 5219 R 101 -36270 REFUNDS /REIMBURSEMENTS 40.00 15- Feb-00 ADL- NEWSLETTER 621400 5220 R 101 -32225 ELECTRICAL PERMITS 22.00 15- Feb -00 7162 6RAWGEVIEW 021400 5223 R 101 -32180 Other Licenses /Permits- leases 71.00 15- Feb-00 PLUMB.-l774 MEADOW LANE 021400 5223 R 101 -32210 Building Permits 160.50 15- Feb -00 MECH. -1174 MEADOW LANE 021400 5224 R 101 -32200 Non - Business Licenses /Permits 935.75 15- Feb -00 GRADING PERMIT- FAIRVIEW 021400 5225 R 101 -32180 Other Licenses /Permits- leases 96.00 15- Feb -00 PLUME. -1680 LAKELAND LIR. 021400 5226 R 101 -32210 building Permits 20.50 15- Feb-00 MECH. -7075 EAGLE TRAIL 021400 5237 R 602 -37200 Sewer Sales 1,469.00 15- Feb -00 BATCH #1115 & 1116 021400 23 Feb 2000 02/10- 02/23/00 Page Wed 1:46 PM CITY OF CENTERVILLE S Ref Last Dim Transaction batch Number Tp Account Code Description Amount Date Comments Name �, .. Customer Number • 5237 R 601-37100 Water Sales 1,253.66 15- Feb - 00 BATCH 01115 & 1116 021400 5237 k 415 -32350 STORM WATER DRAINAGE FUND 74.00 15-Feb-00 BATCH 11115 & 1116 021400 5237 R 601 -34400 SAFE DRINKING WATER FEE 5.21 15-Feb-00 BATCH 11115 & 1116 621400 5234 R 602 -37200 Sewer Sales 492.90 22-Feb-00 BATCH 11121 022200 5234 R 601 -37100 Water Sales 480.66 22-Feb-00 BATCH 11121 022200 5234 R 415 -32350 STORM WATER DRAINAGE FUND 25.70 22- Feb -00 BATCH 11121 022200 5140 R 602 -37200 Sewer Sales 585.00 22- Feb-GO BATCH *1123 022200 5140 R 601 -37100 Water Sales 771.70 22- Feb-00 BATCH 11123 022200 5140 R 415 -32350 STORM WATER DRAINAGE FUND 30.00 22-Feb-00 BATCH *1123 02 200 5140 R 601 -34400 SAFE DRINKING WATER FEE 5.21 22- Feb -00 BATCH 1112 022200 5227 R 101 -32200 Non - Business Licenses /Permits 7.50 22-Feb-00 006 LIL. 1000083 022200 5228 R 101 -36270 REFUNDS /REIMBURSEMENTS 10.00 22-Feb-00 MAP 022200 5239 R 101 -32200 Non- Business Licenses /permits 7.50 22-Feb-00 DOG LIC.-1000092 022200 5229 R 101 -32200 Non- Business Licenses /Permits 15.00 22- Feb -00 006 LIL.- 000098 & 000091 022266 5230 R 620 -36200 Miscellaneous Revenues 25.60 22-Feb -00 XL Si1EATSHIRT 022200 5231 R 101 -36270 REFUNDS /REIMBURSEMENTS 10.00 22-Feb-00 ZONING MAP 022260 5232 R 101 -35000 Fines and Forfeits 2,916.20 22-Feb-00 JAN. FINES 022220 5236 R 101 -32225 ELECTRICAL PERMITS 22.50 22- Feb -00 6347 IVY COURT 4cccrtl 5235 R 101 -32210 Building Permits 28.50 22-Feb-00 MECH. -6347 IVY COURT 02E200 5238 k 801 -36235 ESCROW DEPOSITS 2,400.60 22- Feb -60 7009 DUPRE, 6965 & 6363 E (2220; 5244 R 101 -32210 building Permits 53.00 22-Feb-00 6392 MEADOW CIRCLE 62000 5244 R 101 -32225 ELECTRICAL PERMITS 22.50 22-Feb-00 6932 MEADOW CIRCLE 022200 5243 R 618-36230 CONTRIBUTIONS AND DONATIONS 25.00 22-Feb-Z0 FETE DES LACS - CENTER FRAM b 200 5241 R 618 -36230 CONTRIBUTIONS AND DONATIONS 100.00 22- Feb-00 FETE DES LACS- MAGILL PROP 622260 5242 R 618 -36230 CONTRIBUTIONS AND DONATIONS 100.00 22- Feb -00 FETE DES IACS- CORNER EXPE 0.2E00 5240 R 618 -36230 CONTRIBUTIONS AND DONATIONS 100.00 22-Feb-00 FETE DES LACS -STAR WASH 022200 5131 R 101-32225 ELECTRICAL PERMITS 80.50 22-Feb-00 1774 MEADOW LANE 622200 5250 R 618 -36230 CONTRIBUTIONS AND DONATIONS 100.00 22- Feb -00 FETE DES LACS- MAGUIRE IRO 022200 5249 R 620 -36200 Miscellaneous Revenues 30.00 22- Feb-00 WINTER NEWSLETTER AD. 022200 5248 R 620-36200 Miscellaneous Revenues 25.00 22- Feb -00 WINTER NEWSLETTER AD 022200 5245 R 620 -36200 Miscellaneous Revenues 40.00 22 -Feb -00 WINTER NEWSLETTER AD. 022200 5246 R 10i -32100 Business Licenses /Permits 60.00 22-Feb-00 RENTAL APP. -00 -0014 Od6:VP 5132 R 617 -36270 REFUNDS /REIMBURSEMENTS 3,040.53 22-Feb-00 SCORE REIMBURSEMENT 022200 5133 R 101-32180 Other Licenses /Permits-leases 188.00 22-Feb-60 PLUMB.-7030 DUPRE, 6379 & @dee00 5135 R 618 -36230 CONTRIBUTIONS AND DONATIONS 250.00 22-Feb-00 FETE DES LACS- MONTAIN 022202+ 5134 R 618 -36230 CONTRIBUTIONS AND DONATIONS 1,000.00 22- Feb-00 FETE DES LACS -RICK LARLSO 022200 5247 R 101 -32225 ELECTRICAL PERMITS 22.00 22- Feb -00 C00 -013 PERMIT 022200 5137 R 101 -34107 Assessment Search Fees 20.00 22-Feb-00 SPECIAL ASSESSMENT SEARCH 022200 5136 R 101 -32225 ELECTRICAL PERMITS 80.50 22-Feb-00 1680 LAKELAND CIRCLE 022200 5136 R 101 -36270 REFUNDS /REIMBURSEMENTS 258.11 22-Feb-00 REFUND -U.S. WEST 022200 5139 R 101 -32210 Building Permits 3,248.10 22-Feb-00 1269 MOUND TRAIL-NDNTANAR 0.22e0 5139 R 101 -32250 MAIL BOX FEES 25.00 22-Feb-00 1263 MOUND TRAIL- NONTANAR 022200 5139 R 101 -32300 SITE MAINT FEE -BLDG PERMITS 225.00 22- Feb -00 1269 MOUND TRAIL- MONTANAR 022200 5139 R 602 -34700 SAC CHARGES 1,100.00 22-Feb-00 1269 MOUND TRAIL- MONTAiiAR 022208 5139 R 602 -37250 Sewer Connect /Reconnect Fee 1,756.06 22- Feb-00 1263 MOUND TRAIL- NOUTANAR 022200 5139 R 415 -32350 STORM WATER DRAINAGE FUND 200.00 22Feb -00 1269 MOUND TRAIL- NONTAMAR 6_2203 23 Feb x000 ' 02/10-02/23/60 Page 3 Wed l:46 PM CITY OF CENTERVILLE Ref Last Dim Transaction Batch Number Tp Account Code Description Amount Date Comments Name Customer Number 4 R 101 -36270 REFUNDS /REIMBURSEMENTS 2.00 22-Feb-00 PHOTO COPIES 6d2::00 5141 R 620-36200 Miscellaneous Revenues 96.00 22-Feb-00 COFFEE MJU5 d T -SHIRT 022200 Totals Customer Number 46,066.61 Grand Total - 46,066.61 GGdteE:WPM unPnEItt'EErIEN'PERVICEP race i Check Number - Date Vendor Amount T00001 23 -Feb -00 00046 ANOKA COUNTY 1,620.96 T00002 23- Feb-00 00033 CIRCLE PINES /LEXINGTON POLICE 26,122.17 100003 23- Feb-00 00631 ERICKSON PRINTING, INC. 900.70 T00rs4 23- Feb -v 00319 FAIRBROTHER, AIMEE 13.51 700005 23- Feb -00 00048 GOPHER STATE ONE CALL INC 28.00 T00006 23- Feb -00 00756 GRAINGER IND. 8 COMM. EQUIP. 49.71 T00007 23-Feb -00 00045 INT'L UNION OF OPER. ENG. 29.00 700008 23- Feb-00 00567 IRS /FIRSTAR 4,519.77 40009 23.506 003 00407 MARCH, JAMES 300.00 700010 23- Feb -00 00054 MEDICA 1,638.41 700011 23- Feb-00 00512 MET. COUNCIL ENV. SERV. GSBS) 8,660.00 700012 23- Feb-00 omb MINNESOTA DEPT OF REVENUE 694.47 :0013 23- Feb -00 00096 MN DEPARTMENT OF HEALTH 705.00 T00015 23- Feb-00 00023 NORTHERN STATES POWER COMPANY 1,464.88 T00016 23-Feb -00 00513 PACE ANALYTICAL 14.00 100017 23- Feb -00 00408 PALZER, PAUL 37.60 T&0018 23- Feb -00 00043 PRESS PUBLICATIONS 41.33 70019 23-Feb -00 00035 PUBLIC EMPLOYEES RETIREMENT 1,434.03 7000020 23- Feb -00 00051 PUBLIC EMPLOYEES INS PROGRAM 1,069.92 TO0021 23-Feb -00 00018 SUBURBAN INSPECTIONS 671.56 700022 23- Feb -00 00094 U.S. FILTER DISTRiEBEN PRAIRIE 2,830.27 700023 23- Feb -00 00845 UNITED STATES TREASURY 358.35 00024 23- Feb -00 00322 USCM CLEARING ACCOUNT - PEaSCO 685.30 Grand Total 54108.94 23 Feb 2000 eOutstandin Check Page 1 Wed 1:38 PM ' CITY OF CENTERVILLE Pay Pay Check Employee Employee Pay Group Group Check Number Number Name Period Number Description Date Check Amount Count 005811 000000069 BENDER, TERESA 4 01 El- WEEKLY 17- Feb-00 761.72 1 005812 000000047 COOK, KENNETH 4 01 8I- WEEKLY 17- Feb -00 T 9.67 1 0056133 000000050 DANIELSON, TIMOTHY E 4 01 al-wally 17-Feb -00 1,026.64 005814 000000066 FAIRBROTHER, AIMEE L. 4 01 BI- WEEKLY 17- Feb -00 467.53 i 005815 'vs0000059 LIEN, JILL M 4 01 6I- WEEKLY 17- Feb -00 531.73 1 005816 000000053 MARCH, JAMES V. ;4 01 BI- WEEKLY 17- Feb -00 1,335.21 1 005817 000000026 PALZER, PAUL J. 4 01 BI- WEEKLY 17- Feb -00 3,025.72 1 005818 000000075 PETERSON, TEDD 4 01 BI- WEEKLY 17- Feb -00 969.26 1 005819 000000062 SCOTT, PATRICIA 4 01- 8I- WEEKLY 17- Feb-60 55.41 1 005820 000000070 TUCCITTO, ELLIOTT 4 01 bI- WEEKLY 17- Feb -00 147.39 1 Grand Total 9,142.46 10 - . • MEMO DATE : February 17, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Eagle Trucking Included in your packet is a memo from City Attorney Jim Hoeft. Jim Hoeft is on vacation and will not be in attendance at the Council meeting. Mr. Hoeft indicated that his assistant will provide a final purchase agreement that can be presented any time next week after the questions in his memo are decided upon. Paul Palzer and I have walked through the property with Mr. Hubers. The personal property that is remaining with the building will be noted in the exhibit section of the purchase agreement. Mr. Hubers made it clear that he expects a total offer of $375,000 for his building and personal property. Based on the property staying with the building and the result of the appraisal on the property, I think Mr. Hubers asking price is relatively fair. I have spoke to Steve McDonald (Abdo, Abdo, Eick and Meyers) in regards to my idea of just paying for the building outright and not financing the purchase. Mr. McDonald agreed that the City could comfortably purchase the building with the current general fund balance that is being carried. Typically, a 40 or 50% fund balance of estimated annual expenditures is needed for business cashflow purposes. In 1999, the City had approximately a 95% ratio between the general fund balance and estimated expenditures. Mr. Hubers indicated that he would be willing to set a closing date for mid- August 2000. I have a full copy of the Remedial Investigation Report from Braun Intertec in relation to the tank removal on the property. Braun is recommending site closure to the MPCA. The MPCA apparently has never overturned a recommendation for site closure. This page of the report is included in your packet. According to dim Hoeft, the language in the purchase agreement would adequately protect the City from environmental issues. If anyone has any questions on this issue, please call me. I expect that Council will be discussing an offer on the property at the meeting. Ii '" Remedial Investigation Report Form �� Page 18 �'; J January 1997 Section 11: Discussion Ir 7 11.1 Discuss the risks associated with the remaining soil contamination? t The extent and magnitude of residual soil contamination is limited. Based on the ii I concentrations of petroleum-related constituents (below applicable SRVs), it appears _ unlikely that significant leaching of contaminants to the groundwater will occur. j 11.2 Discuss the risks associated with the impacted ground water? 1 The extent and magnitude of groundwater contamination is very limited Based on the fine-grained nature of the non - resource aquifer, migration of impacted groundwater off site appears unlikely. No parameters were detected above applicable HRLs. 11.3 Discuss other concerns riot mentioned above: I Section 12: Conclusions and Recommendations 1 1 Recommendation for site: X site closure additional vapor monitoring 1 additional ground water monitoring active cleanup 1 The recommendation above should be based on Fact Sheet #3.1, "Leaking Underground Storage Tank Investigation and Cleanup Policy." Describe below how you applied the policy to support your recommendation. J If additional monitoring is recommended, indicate the proposed monitoring schedule and frequency: )1 If active cleanup is proposed, then MPCA staff will review this RI report at a higher than normal priority to determine if active cleanup is required. We will respond with either a request for 1 proposal for additional monitoring or a Corrective Action Design report. Please indicate below ' what cleanup technology you are considering at this time. J a a 1 FebC8. 2OUi: 10 :404 N ,1 F' BERNARD E. $T&FEN J,? 455 D. HOEFT r tca.AD.q. MERKEL '. , JOAN M QC::.DE DARRELL.A. JEN$EE SCOTT M- _ TAK JEFFREY S. JOHNSON I.1 GS STEVEN G. THOR.CN RUSSELL H. CROWDER SUL1EF,Y A. 3CH ADDVG ION t B JCY.SCN BRADLEY A R .R LAWRENCE 'ORISON Banta, Guzy & Steffen, Ltd. YIPLCO M E TMRY THOMAS P. MALONE ATTORNEYS AT LAC' KJ5rI R.RIiET WCHAE_' R HURLEY CrEUSTCPHER DE LA FOREST HERMAN L TAILS 400 Northman Financial Plats MATTHEW M. QUINN CHARLES N SEYKORA 200 Coon Rapids Botleirard DANIEL D. CANTER, IR P aids orCxad 8EVCiLYK. DODGE Minneapolis, MN 55433.5894 ROBERT A. OM s9.G¢ C. HOMO( (612) 780 -8500 FAX (612) 780.1777 MEMORANDUM TO: Jim March, City Administrator, City of Centerville FROM: Jim Hoeft, City Attorney, City of Centerv' RE: Purchase of Eagle Trucking Site DAItD: February 18, 2000 As I will be on vacation the week of February 21, I wanted to give you my thoughts in writing regarding the review of the Purchase Agreement by Mr. Hubers' attorney. These comments can be shared with the Council as well as with Mr. Hubers and his attorney. I note that Eagle Trucking, Inc. is not the owner of the property, but rather Richard G. and Diane Lynn Hubers. We need to know whether they are husoend and wife, father,/daughter, brother /sister? Paragraphs 1, sub. c and d will remain on the first page of the Purchase Agreement even though Mr. Hubers attorney has indicated they are not applicable. If in fact there are no outstanding contracts or pernits involved in this transaction, then we will simply indicate "none" on both Exhibit C and D. With regard to the purchase price of $375,000, we will need to know bow Mr. Hubers wants to divide that purchase price between the value of the real estate and the value of the personal property being purchased with the building. There are certain tax implications to Mr. Hubers with regard to how that purchase price is allocated, and I would defer to his desire on how that should be divided. Mr. Hubers' attorney indicates that they would like 5% as an earnest money, payment to be held in Mr. Hubers' attorney's trust account. I do not have any objection to that provision other than we need to determine whether the 5% earnest money will be 5% of the purchase price of the real estate or 5% of the total purchase price including the price for the personal property items. Not a huge issue, but it should be clarified. On page 3, we can eliminate subparagraph g entitled "Financing and Other Approvals." On page 4, subparagraph A (3) and (4) can be removed if in fact there are no contracts or permits that will be assigned. An Eq,;i Cppq„gnity Employe. February 18, 2000 Page 2 On page 5, we can eliminate the subparagraph (9) at the top of the page entitled "Certificate(s) of Occupancy" On page 7, Mr. Hubers attorney indicates that they do not want to do an additional survey, but rather use the one that was done within the last five years. I am not particularly opposed to that situation, however, we should review the last survey from Mr. Hubers and then make a determination on whether we will accept that or require a new one. Also on page 7, subparagraph (b), Mr, Hubers' attorney makes a comment in the margin regarding amount of money to be withheld. The type of objection this paragraph is anticipating is one in the form of an unpaid judgment or similar obligation. Accordingly, the title company - would typically require an escrow of 125% of the principal balance of the outstanding obligation. Of course, this assumes that we run into such an objection. I do not anticipate having such a problem, but that is how it would be dealt with. On page 8, subparagraph (2) at the top of the page, Mr. Hubers' attorney also has the same comment about the dollar amount to be withheld. This paragraph anticipates an objection that is not necessarily referenced in the dollar amount, but rather is some type of cloud on the title. Accordingly, the title insurance company would make determination on how much it would cost in attorneys fees to remedy the objection. Once that determination is made, that amount will be withheld assuming no strenuous objections from either the buyer or sell. Also on page 8, subparagraph 8(a) can be removed as the seller is not a corporation. On page 9, subparagraphs (d). (e) and (g) can be removed. On page 10, subparagraph (p) entitled `Condition ", we should be entitled to the representations in this paragraph as we are paying full market value for the property. If the seller wants us to purchase the property without any representation from the condition of the property, then we should at a minimum have the ability to have the building and property thoroughly inspected at seller's cost. Additionally, if the seller wants to shift the risk of the condition of the property to the City, then that shift in risk should be in conjunction with a reduction in the purchase price. Also on page 10, subparagraph (q) it is my understanding from our last conversation and discussion with the Council that the City will undertake the expense to cap the well located underneath the building. On page 11, in the top paragraph on that page carried over front page 10, M. Hubers' attorney wants the term "willful" inserted prior to "breach". I do not have a particular problem with inserting that designation. Also on page 11, paragraph 12 entitled "Broker's Commission" can be removed. CJ•L')r F-a February 18, 2000 Page 3 On page 12, paragraph 14 entitled "Assignment" can be removed. The last item for dis..ussion is paragraph 22 entitled "Remedies." The preliminary draft of the Purchase Agreement was done with some optional language contained in this paragraph. I will make the appropriate modification to the draft copy, but be advised that it will read such that if the seller defaults under this Purchase Agreement, the City has the option of either recovering damages from the Seller or suing for specific performance of the Agreement. Specific performance simply means that we ask the District Court to order the property owner to follow through with the sale of the a per our Purchase Agreement contract. The remaining Prue rtY P Br auung language in that paragraph will be deleted. khiie 1 am out of the office, Sarah will be available to redraft the Purchase Agreement according to the above comments. Of course, the above modifications will require some technical modification in paragraph numbers and assignment, but Sarah will take care of that If there are any further substantive changes being requested by either the City or Mr. Hubers, I can review those changes when I am back in the office. If for some reason there is an unexpected acceleration of this process, please let Sarah know and she will be able to contact me if necessary. 77364 1 ;et. 7. 2000 8:51AM No 6003 P. 2 • kicA.o-v4 G. h' “bet- a- Dionne- L y Hn PURCHASE AGREEMENT t S AGREEMENT ("Agreement'') is made as of , 2000 between f' —Eagle 'Trucking, Inc., a Minnesota corporation ( "Seller "), and the City of Centerville, a Minnesota municipal corporation ( "Buyer "). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller es to sell to Buyer, p afire and Buyer agrees to buy from Seller, the following property (collectively, "Property "): (a) Real Finnerty. The real property located at 7087 Twentieth Avenue, City of Centenille, County of Anoka, State of Minnesota, described on the attached Exhibit A ("Land ") together with (1) all buildings and improvements constructed or located on the Land ( "Buildings ") and (2) all easements and rights benefiting or appurtenant to the Land (collectively the "Real Property "). (b) Personal Property. All of the personal property situated in or about the Real Property owned by Seller, including without limitation, that described on the inventory attached to this Agreement as Exhibit B ("Personal Property "). (c) Contracts. Seller's interests in the service and maintenance contracts, equipment leases and other contracts regarding the heal Property and the Personal Property p described on the attached Exhibit C ( "Contracts "), J(r` (d) Permits. Seller's interests in the permits and licenses described on attached Exhibit 1) ("Permits "), (e) Warranties. Seller's interests in all warranties and guaranties given to, assigned to or benefiting Seller or the Real property of the Personal Property regarding the acquisition, construction, design, use, operation, management or maintenance of the Real Property and the Personal Property (" Warranties"). (f) Plans. All originals and copies of the as -built blueprints, plans and specifications regarding the Real Property and the Personal Property, if any ( "Plans "). (g) Emicla. All records of Seller regarding the Real Property' and the Personal Property, including all records regarding real estate taxes and assessments, insurance, maintenance, repairs, capital improvements and services ("Records"). 2. purchase Price and Manner of Payment. The total purchase price ( "Purchase Price ") to be paid by Buyer to Seller for the Property shall be and shall be payable as follows: 375, 000 reu• f. OP :J C.QIRP KU ..00 r kke .A 4 O ,s.s l v. (a) as earnest money ( "Earnest Money ") which ° Earnest Money shall be held by ( "Escrow Agent ") in accordance with an escrow agreement among Seller, Buyer and Escrow Agent. (b) $ in cash or by wire transfer of U.S. Federal Funds to be received in Title's trust account by wire transfer, certified or cashier's check on or before the Closing Date. 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following ( "Contingencies'): (a) Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer at closing a certificate dated the Closing Date, signed by an authorized representative of Seller, certifying that such representations and warranties are true as of the Closing Date (the "Bring -down Certificate "). (b) Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (c) perfglmance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. Included within the obligations of Seller under this Agreement shall be the following: (i) Seller shall allow Buyer, and Buyer's agents, access to the Real property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall hold Seller and the Real Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer shall further repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such entry. (ii) Seller shall without charge to Buyer cooperate in Buyer's attempts to obtain all governmental approvals necessary in Buyer's judgment in order to make th t use of the Property which Buyer. Seller cboll further execute such rezoning applications, plats, environmental worksheets and other documents as may be required by governmental bodies to accomplish the foregoing. (iii) On or before Seller shall deliver to Buyer true and correct copies of all Contracts, Permits, Warranties, Plans, and the 2 Nic.k s -µ6,m4 Feb. 7. 2C00 S:52AM1 110 .on? — P 4 documentation required under Section 6 below for Buyer's review and analysis. (d) Teg_u'na. Buyer shall have determined, on or before the Contingency Date, that it is satisfied with the results of and matters disclosed by soil tests, engineering inspections, hazardous waste and environmental reviews of the Property, including, but not limited to, Buyer baving determined, in its sole and absolute discretion, that it is comfortable with the environmental condition and remediation of the Property based upon its investigations and contact with any and all applicable governmental agencies, including but not limited to the Minnesota Pollution Control Agency, and its approval of the current Limited Site Investigation being conducted through the Minnesota Pollution Control Agency. VP ( (e) Document Review. Buyer shall have determined, on or before the Contingency 1 ' Date, that it is satisfied with its review and analysis of the Contracts, Permits, Warranties, Plans, Records and Permitted Encumbrances. (f) Government Approvals. Buyer shall have obtained at its sole cost and expense on or before the Closing Date all final governmental approvals necessary in Buyer's judgment in order to make the use of the Property which Buyer intends. 0/ Pt ) (g) Financing and Other Approvals. Buyer shall have received on or before the Closing Date a Commitment acceptable to Buyer for the proceeds of financing necessaty and sufficient in Buyer's opinion to implement Buyer's plans for and complete the purchase of the Property. Buyer shall also have received on or before the Closing Date all approvals of City Council, the Budget, or the E.D.A, if applicable. (h) Fnvirotenenek Indemnification. Buyer shall have received from Seller an indemnification for any existing environmental contamination and remediation required for all environmental con*atninetion existing as of the Closing Date, in a form satisfactory to Buyer, is Buyer's sole and absolute discretion. The 'Contingency Date" shall be that date which is 90 days after the date when Buyer shall have received the last of the matters which Seller is required to deliver to Buyer hereunder. If any such Contingency has not been satisfied on or before the stated date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination, the Earnest Money and any interest accrued thereon shall be released to Buyer and upon such retuni, neither party will have any further rights or obligations regarding this Agreement or the Property. All the Contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any Contingency by written notice to Seller. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing ") shall occur on that date which is fifteen (15) business days after the 3 earlier of the Contingency Date or the date when Buyer shall give notice to Seller that the contingencies which are to have been satisfied on the Contingency Date have been waived or satisfied (the "Closing Date "). The Closing shall take place at 9:00 am. local time at the office of Title or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. A. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively "Seller's Closing Documents "): ( aced. A Warranty Deed, in form reasonably satisfactory to Buyer, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. (2) Bill of Sale. A Warranty Bill of Sale, in form reasonably satisfactory to Buyer, conveying the Personal Property to Buyer, free and clear of all encumbrances. \ (3) Assignment of Contract;. An Assignment of Contracts, in form reasonably satisfactory to Buyer, conveying with warranties the Contracts, if any, to Buyer, free and cleat of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (4) Assignment of Pernnit %. An Assignment of Permits, in form reasonably . satisfactory to Buyer, conveying with warranties the Permits to Buyer, free and " clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. 5) Assignment of Warranties. An Assignment of Warranties, in form reasonably satisfactory to Buyer, conveying with warranties the Warranties to Buyer. free and clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (6) Title Policy. The Title Policy, or a suitably marked up Commitment for Title Insurance initiated by Title, in the form required by this Agreement. (7) $rine -down Certificate, The Bring -down Certificate. (8) Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been trade or for which ruecbanies• liens could be filed; and that there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and/or indemnity (ALTA Form) which may be required by Title to issue an Owner's Policy of Title Insurance with the standard exceptions waived. 4 011)k (9) Cernficate(sl of Occ ,, v. One or more unconditional irrevocable certificates of occupancy issued by the appropriate governmental body authorizing the use of the Real Property for the purposes now used. (10) Original Documents. Original copies of the Leases, the Contracts, the Permits, the Warranties, the Plans and the Records. (11) FIRPTA Affidavit, A non - foreign affidavit, properly executed and in recordable form, containing such information es is required by IRC Section !445(6)(2) and its regulations. (12) Owner's Duplicate Certificates of Title or Abstract of Title. The abstract of title or the owner's duplicate certificates of title regarding the Real Property, if in Seller's possession. (13) ims, The appropriate Federal Income Tax reporting form, if any is required. (14) Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances. B. Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents "): (1) Purchase Price. The Purchase Price, by wire transfer of U.S. Federal Funds, or by certified check, to be received in Titles trust account on or before the Closing Date. (2) Assumption Agreement. An Assumption Agreement, pursuant to which Buyer will assume all obligations of Seller under the Contracts and the Permits that accrue after the Closing Date. (4) Title Documents. Such affidavits of Purchaser, Certificates of Value or other documents as may be reasonably required by Title in order to record the Seller's Closing Documents and issue the Title Insurance Policy required by this Agreement. 5. proration Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: (a) Title insurance and Closing Fee. Seller will pay all costs of the Title Evidence, the ALTA Form B 1970 Owner's Title Policy and the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay all additional premiums required for the issuance of any mortgagee's Title Policy required by Buyer. Seller and Buyer will each pay one -half of any reasonable and customary 5 �O4 i LVVG V•,wP.T — ve closing fee or charge imposed by any closing agent designated by the Title Company. (b) Deed Tax, Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. Buyer shall pay the Mortgage Registry Tax, if any. (c) 2a/es Tax. Seller will pay all sales tax due regarding the transaction contemplated by this Agreement. (d) Real Estate Taxes and Special Assessments. Seller will pay, on or before the Closing Date, all special assessments levied, pending or constituting a lien against the Real Property as of the Closing Date including without limitation any installments of' special assessments including interest payable with general real estate taxes in the year of closing. General real estate taxes and installments of special assessments payable therewith payable the years prior to closing will be paid by Seller. General real estate taxes and installments of special assessments payable therewith payable in the year of closing shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar fiscal year. Seller shall pay all deferred real estate taxes or special assessments which may become payable as a result of the sale contemplated hereby. If the amount of such general real estate taxes and installments of special assessments payable therewith cannot he determined on the Closing Date, Seller will deposit with Title, from the Purchase Price, an amount equal to 110% of the most current estimate of such taxes and special assessment installments, assuming for estimating purposes that the Real Property will be fully assessed. Such deposit will be held in escrow and all • interest earnings on such deposit will be paid to Seller. Title will retain such deposit to pay Seller's share of the actual general real estate taxes payable in the year of closing and installments of special assessments including interest payable therewith, paying any excess over to Seller. Seller will pay any deficiency, when such general real estate taxes and installments of .special assessments including interest payable therewith are known. (e) Recordine Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted and requested by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (0 Qther Costs. All other operating costs of the Property, will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that pert of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. (g) Atternes's Fees. Each of the parties will pay its own attorneys fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 6 6. Title Examination. Title Examination will be conducted as follows: (a) Seller's Title Evidence. Seller shall, as soon as reasonably possible after the date of this Agreement, furnish the following (collectively, "Title Evidence ") to Buyer, at Sellers sole cost and expense: (1) Title Insurance Commitment. A commitment ( "Title Commitment ") for an ALTA Form B 1970 Owner's Policy of Tide Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by ( "Title "). The Title Commitment will commit Title to insure title to the Property in the full amount of the Purchase Price. If the Property is abstract property, Seller shall also deliver to Title or Buyer an Abstract of Title to the Real Property certified to a current date to include all appropriate judgment and N bankruptcy searches. d ,Ar i j (2) i Survey. An ALTA/ACSM Urban Land Title Survey ("St ryey ") meeting Minimum Standard Detail Requirements for an Urban Survey (1992) and rifr " eY ' ( J 0 i A including items 1 through 4 and 6 through 12 of Table A of said Minimtan Standard Detail Requirements, or a Registered Land Survey, if applicable, prepared by a surveyor properly licensed to practice in the e 'AP state of Minnesota and reasonably acceptable to Buyer and Buyer's 5 Lender, if any. The Survey shall be delivered to Buyer and Title. (3) UCC Searches. A report of UCC Searches made of the Uniform Commercial Code records of the Secretary of State of Minnesota, made by said Secretary of State, or by search firm acceptable to Buyer, showing no UCC filings regarding any of the Property. (b) Buyer's Objections. Within 20 days after receiving the last of the Title Evidence, Buyer will make written objections ( "Objections ") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on such Title Evidence and no 'ect to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller ve 60 days after receipt of the Objections to cure the Objections, during ka" which period the Closing will be postponed as necessary. Seller shall use its best `-`o efforts to correct any Objections. To the extent an Objection can be satisfied by W � the payment of money, Buyer shall have the right to apply a portion of the cash e payable to Seller at the Closing to satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seiler at the Closing. If the Objections are not cured within such 60 day period, Buyer will have the option to do any of the following: 7 r0U LUCV 0.JOIM (1) Terminate this Agreement end receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if (2) withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within ninety (90) days ) 14"): after such escrow is established, Buyer may then cure such Objections ]` and charge the costs of such cure (including reasonable attorney's fees) against the escrowed amount. If such escrow is established, the P atties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. (3) Waive the objections and proceed to close. (c) Title Policy. Seller will furnish to Buyer at closing the title policy ( "Title Policy ") issued by Title pursuant to the Commitment, or a suitably marked up Commitment initiated by Title undertaking to issue such a Title Policy in the form required by the Commitment as approved by Buyer. 7, Operation Prior to Closine During the period from the date of the Seller's acceptance of this Agreement to the Closing Date (the "Executory Period "), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies including vandalism and malicious mischief. However, Seller shall execute no contracts, leases or other agreements regarding the Property during the Executory Period that are not terminable on or before the Closing Date, without the written consent of Buyer, which consent may be withheld by Buyer at its sole discretion. 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: (a) Corporation: Authority. Seller is duly incorporated and is in good standing under the laws of the State of Minnesota; Seller is duly qualified to transact business in the State of Minnesota; Seller has the requisite corporate power and authority to enter into and perform this Agreement and those Seller's Closing Documents signed by it; such documents have been duly authorized by all necessary corporate action on the part of Seller and have been duly executed and delivered; such execution, delivery and performance by Seller of such documents does not conflict with or result in a violation of Seller's Articles of Incorporation or t ( 1 Bylaws, or any judgment, order, or decree of any court or arbiter to which Seller is a party; such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 8 (b) Title to Real Property. Seller owns the Real Property, free and clear of all encumbrances. (c) Title to Personal Property. Seller owns the Personal Property, free and clear of all encumbrances (d) Contracts. Seller has made available to Buyer a correct and complete copy of each Contract and its amendments. The Contracts are in full force and neither Seller, nor any other party to the Contacts, is in default under the Contracts. All other contracts in effect regarding the Property are terminable on or before the Closing Date. (e) Permits. Seller has made available to Buyer a correct and complete copy of each Permit and its amendments. The Permits are in full force, and Seller is not in default under the Permits. No other permits are required from any govertunental entity in order to operate the Property as it is now operated. (f) (Juntas. Seller has received no notice of actual or threatened reduction or curtailment of any utility service now supplied to the Real Property. (g) Certificates of Occupancy. Seller has received no notice of actual or threatened cancellation or suspension of any certificates of occupancy for any portion of the Real Property. (h) Assessments. Seller has received no notice of actual or threatened special assessments or reassessments of the Real Property. (i) Fevimpmental Laws. Seller acknowledges that releases of contaminants may have occurred on portions of the Property, resulting, or possibly resulting, from the past storage and distribution of petroleum products and other hflardous substances on the Property by Seller, Seller's predecessors in interest or by affiliates of Seller. Seller is presently working with the Minnesota Pollution Control Agency ( "141PCA ") to itwestigate and remediate such releases. Buyer is in receipt of the Phase 1 Environmental She Assessment prepared by Braun Intertec dated January 24, 2000 ( "Phase I "). According to said Phase I, a Limited Site Investigation is being conducted through the MPCA Tank and Spills Program. Seller agrees to cooperate with the MPCA and any other applicable governmental agencies during such investigation and shall comply with and to pay the entire actual cost for implementation of any remedial action plan. Seller shall be solely responsible to the MPCA for all compliance with directives, orders, or requirements of the MPCA pursuant to the Tank and Spills program and any other program deemed accessary by the MPCA or other applicable governmental agency, and for any reporting to the MPCA or other applicable governmental agency under state, federal or local law. Seller agrees to fully indemnify Buyer in a form satisfactory to Buyer, as described in Section 3 (h.) above for any and all claims, demands, causes of action, loss, 9 damage, liabilities, and costs (including attorney's fees and court costs) asserted against ar incurred by Buyer by reason of or arising out of the environmental condition of the Property at the time of Closing, and for any breach of the foregoing by Seller. (j) Rights of Others to Purchase Property. Seller has not entered into any leases or other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. (k) Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Property. (1) FIRPTA. Seller is not a "foreign person ", "foreign partnership ", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. (m) Use of Real Property. (the Real Property is usable for its current uses without violating any federal, state, local or other governmental building, zoning. health, safety, platting, subdivision or other law, ordinance or regulation, or any applicable private restriction, and such use is a legal conforming use. (n) Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. (o) Agents and Employees. No management agents or other personnel employed in connection with the operation of the Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Property, including leases which will survive and remain unpaid after the Date of Closing. (p) Condition. The buildings, structures and improvements included within the Property are structurally sound and in good repair and in first -class condition, and / i f all mechanical, electrical, heating, air conditioning, drainage, sewer, water and plumbing systems are in proper working order. (Q Wells. No "wells" or "sewage treatment systems" (within the meaning of Minn. Stat. § 1031.005, Subd. 21 as to wells and Minn Stat. § 115.55, Subd. 6 as to sewage treatment systems) are on the Property, except for that certain well located under the — building which Seller agrees to cap, at its sole cost and expense, prior to closing. This representation is intended to satisfy the requirements of Mien. Stat. § 103I.235, Subd. 1(a) and Minn. Stat. § 115.55, Subd. 6. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' 10 • fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing and shall not be affected by any investigation, verification or approval by any party thereto or by anyone on behalf of any party hereto and el en not merge into Seller's deed being delivered at Closing. 10. Damaae. It prior to the Closing Date, all or any part of the Property is substantially damaged by fire casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice), this Agreement shall terminate, in which event neither parry will have any further obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. If Buyer fails to elect to terminate despite such damage, or if the Property is damaged but not substantially, Seller shall promptly Commence to repair such damage or destruction and return the property to its condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date then there shall be no reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. I£ such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceedine to repair, then Seller shall complete the repair after the Closing Date and shall be entitled to receive the • •cess of all insurance related to such damage after repair is completed; provide • • • : uyer shall have the right to delay the Closing Date until repair is completed, - eller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cost of such repair or at Buyer's option, the Seller shall S assign to Buyer all right to receive the proceeds of all insurance related to such damage and the �yo Purchase Price shall remain the same. For purposes of this Section, the words 'substantially damaged" mean damage that would cost $ or more to repair. I1. Condentnatior;. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement and the Earnest Money together with any accrued interest, shall be refunded to buyer. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, tide and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's pr,'or written consent. 12. Broker's Commission. If the transaction coatemplated by this Agreement is consummated in the time and manner required by this Agreement, will pay a brokerage commission to as the sole real estate brokerage 1 V*1/4 commission regarding this transaction. Seller and Buyer represent and warrant to each other that they have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnifj each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of 11 Copy: James Hoeft Barra, Ouzy, & Steffen, LTD 200 Coon Rapids Boulevard Minneapolis, MN 55433 -5894 Notices shall be deemed effective on the earlier of the date of receipt cr the date of deposit as aforesaid; provided, however, that if notice is given by deposit, tat the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party in any manner above specified, 10 days prior to the effective date of such change. 18. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, ere not a part of this Agreement and are not to be considered in interpreting this Agreement. 19. Entire Agreement: Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing executed by the parries. 20. Binding Effeej. This Agreement binds and benefits the parties and their successors and assigns, 21. CQ11inz Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 22. sa If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 15 days of the date of such notice, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of the Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this y provision does not preclude Buyer from seeking and recovering from Seller [damages for nonperformance or] specific performance of this Agreement. [Buyer shall have no right to seek damages from Seller for Seller's defaults hereunder]. (If Seller defaults under this Agreement, Buyer shall have no right to seek damages from Seller for Buyer's loss of its bargain in failing to acquire the property, but Buyer shall recover as damages from Seller all of Buyer's out- of-pocket costs and fees including without limitation attorneys' fees, accountants' fees and other consultant's fees incurred by Buyer in preparing and negotiating this Agreement, preparing for 13 defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorney's fees. 13. Mutual Indemnification. Seller and Buyer agree to indemnify each other against, and hold each other harmless from, all liabilities (including reasonable attorneys' fees in defending against claims) arising out of the ownership, operation or maintenance of the Property for their respective periods of ownership. Such rights to indemnification will not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash payment directly attributable to the liability in question (net of the cost of collection, including reasonable attorneys' fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, the indemnified party will, upon full performance by the indemnifying party of this indemnification obligations, assign such rights to the indemnifying party or, if such rights are not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. )1e, 14. Assignment. Either party may assign its rights under this Agreement c� �" - h with the prior written consent of the other party, before or after the Closing. Any such Y :kcor assignment will not relieve such assigning party of its obligations under this Agreement. S 15. Survival. All of the terms of this Agreement will survive and be enforceable after the Closing. 16. Notices. Any notice required or permitted to be given by any party upon the other is given k accordance with this Agreement if it is directed to Seller by delivering it personally to an officer of Seller, or if it is directed to Buyer, by delivering h personally to an officer of Buyer, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: '1 7087 Twentieth Avenue G Ce F nterville, MN 55038 nt� ti Oad(type Copy: ©' If to Buyer: City of Centerville City Hall 1880 Mani Street Centerville, MN 55038 Attn: 12 the closing, obtaining financing commitments, investigating the status, title and condition of the Property, and other similar and reasonable costs and expenses.] 23. Rights of Inspection. Testing and Review. Seller shall deliver to Buyer within seven (7) days of acceptance of this Agreement, complete and accurate copies of all notices, consents, approvals, plans, specifications, surveys, engineering studies, analysis, soil test borings, environmental studies and other documentation pertaining to the Property (whether prepared by Seller, Seller's agents or independent contractors, any governmental authority or agency, federal, state or local, or any other third party), to the extent that Seller has the same in its possession. Buyer, its counsel, accountants, agents and other representatives, shall have full and continuing access to the Property and all parts thereof, upon reasonable notice to Seller. Buyer and its agent and representatives shall also have the right to enter upon the Property at any time after the execution and delivery hereof for any purpose whatsoever including inspecting, surveying, engineering, test boring, performaux of environmental tests and such other work as Buyer shall consider appropriate, provided that Buyer shall hold Seiler hattnless and fully indemnify Seller against any damage, claim, liability or cause of action arising from or caused by the actions of Buyer, its agents, or representatives upon the Property, and shall have the further right to make such inquiries of goverutnental agencies and utility companies, etc., and to make such feasibility studies and analyses as it considers appropriate Seller and Buyer have executed this Agreement as of the date first written above, BUYER: City of Centerville, a Minnesota municipal corporation Date of Signature By 2000 Its Date of Signature By , 2000 its G . q- bro. e L wh, SELLER: - _ c • g, Inc., a Minnesota corpora ton Date of Signature B , 2000 Its 759273 14 February 14, 2000 Mr. Richard Hubers 7087 20 Avenue Centerville, Minnesota 55038 Dear Mr, Hubers, The city is looking at acquiring your property located at 7087 20 Avenue. We have not started a condemnation process. We look forward to working with you to arrive at a fair price. Hopefully, the city's needs can be met with a minimum of effort. That would be beneficial to all interested parties. Sincerely, City of Centerville TO: Honorable Mayor and Council Members • FROM: Teresa Bender, Deputy Clerk/Treasurer /1 C9- • SUBJECT: 2000 Health Benefit Amount DATE: February 18, 2000 As you are all aware, premiums for health insurance coverage seem to soar every year. I recently met with Mark Steele, the City's insurance agent, who informed me that as of March I, 2000 (MEDICA Group Policy Renewal date) rates will be increasing by 16 %. The City's current monthly Health Benefit allotment is $350 for family coverage and $200 for single coverage. The City also pays 90% of dental insurance ($43.60 /mon.). It should also be noted that several employees have additional coverage that is an out -of- pocket expense such as life insurance. The following is a list of employees and how their premiums would be affected: Current Premium 2000 Premium Teresa Bender Family Coverage $375.49 $436.18 Ken Cook Family Coverage $615.28 $714.74 Jim March $419.66 $487.49 Tedd Peterson (PEIP) Family Coverage $440.51 Stays the same Individuals that have Life Insurance are as follows: Employee Portion Teresa Bender Life Insurance $12.00 Ken Cook Life Insurance $ 4.08 Tim Danielson Life Insurance $16.08 • W J ---.1 W F F Qt Gl (N F rN W F CN W :A CA -- - F (4 W CM F (N W F F F 6J W ?i tr al O j `T F 'D iO CO O F J D LD F CO -p J J F j -+ S - -4 .J 07 0 O 0 :31 F 71 O O O N F rJI Cr ".1l O 1 01 N Ol F F F .Jl • U • _ oo _ p -4 • C71 01 0 0 0 O O O O T :O a O - W + 0 0 0 0 0 LID O 9 N 01 0 0 7 0 * 11 •1• it + + -1- -1- + + + t + -1- + + + -1- + + + + + + + + + + + + + 0 I • _'. V „[_spy RJ r • .D CT C11 C I I Ni CA CA CA LA A co N to W A D A co , !›.1 , !›.1 N A L O U1 _01 ' CA N W W F CA W W W d U! F N N CA W P 04 A n) "N CA N N N N CO D J CNJ LID .R- J N N CA O LA O ]t Ol N CU n) N N U'> >I Il OD J O P A Ql al W r0 • - GI IV O O CA O O -1 F C..1 t • -• C 0 :J1 J A 'S J t0 l O O O O O O O J N in :SI Cr C LT! O O 1 .11 Q J tax .O O D1 fl l IT O I al O • CO 1 . 1 3 W O O Ql O WO .v 'af a N '. O C71 D O O O O O O O W O O J J O p 0 0 o -A i0 O O Ul O 0100000001 0 0 O • 0 • 0 0 (71 0 C A 01 ( 0 0 0 0 0 0 0 U] 0 0 0 0 0 0 0 0 0 CP -4 0 0 0 0 IQ 0 0 0 0 0 0 0 • 0 * 11 + * 11 d• •1• * + + + -1- + + 4- + + + + + + + + + + -1- + + + + + + + -1- + + + + -1- + -1- + + + + + + C7 -1- + ■ 1 • Tedd Peterson Life Insurance $ 4.08 Neighboring communities' 2000 Health Benefits: City of Blaine $395.00 Circle Pines $385.00 Lexington $350.00 (will be revisiting this in April) Lino Lakes $400.00 Hugo (100% employee Health & Dental coverage paid by Employer, 5% of difference between single and family coverage) Spring Lake Park $418.73 White Bear Lake $340.00 (Family Coverage) $225.00 (Single Coverage) (An additional $20 /month may be received $10 / non - smoker and $10 upon successful completion of fitness exam) Council Action Requested: Approve an increase of $56 /month Health Benefit Monthly Allotment (16% increase from 1999) ($406 /month for family and $256 /month for single coverage for the year 2000) and continue to pay 90% of dental coverage. MEMO DATE : February 17, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Select Cable Operator Patricia Scott has indicated that due to a relocation, she is no longer going to be able to continue broadcasting the cable meetings for the City. Patricia is willing to continue taping the meetings until we have someone trained in to operate the equipment. Included in your packet is a letter that was received from a resident that is interested in serving as the cable operator for the City Council meetings. At the time of this annotation, I have spoke to three other individuals that have expressed desire for this position. I had indicated that we would need letters of interest as soon as possible. If we receive any other letters of interest, these will be brought to the meeting. Mayor Wilharber and Centerville City Council 1880 Main Street Centerville, MN 55038 February 14, 2000 Dear Honorable Mayor and City Council, My name is Michele Wroblewski and my family and I have been residents of Centerville for over two years. 1 have been involved in several city activities and enjoy volunteering and sharing my skills with the city. Currently I stay at home during the day with my two children, but am looking for a part time opportunity that would allow me the ability to work a few evening hours while staying informed with growth throughout the city. It has been brought to my attention the city is looking to fill the "cable operator" position. I am very interested in being considered for the position and am confident I could do the job effectively and professionally. I enjoy working with people, and although I am flexible, the anticipated hours match what I am looking for. If you need further information, you may contact me during the day at (651) 407 -0659 I would be happy to answer any questions you may have. I look forward to hearing from you soon. Thank you for your consideration, LULL. 1dA-€0&(iw4, • Michele Wroblewski MEMO DATE : February 17, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : 2000 Goals and Objectives This item is being placed on the agenda to further discuss the outcome of the joint meeting that was held with the City committees when we discussed the goals and objectives for the year 2000. I have included in your packets the goal lists that have been turned in by Council and those attending the joint meeting. I assigned a point ranking system to the items that were mentioned on the lists. I did not include items that were not mentioned by at least two people. Where it was not indicated, I assumed the items were listed in the order of importance. Some people may have left items off of their lists if they assumed they would already be happening. The highest ranking items were as follows: 1) Public Works Facility 10 2) Downtown Revitalization 8.16666 3) Watertower Fund/Infrastructure 8 4) Entrance Monument 7.66666 5) Economic Development 7.33333 6) Reroute Main Street 7 7) Park Development 5.33333 Four items tied with a total of four points each - Youth Center, Feasibility Study for Additional Senior Housing, Citizen Involvement, Trailways 2000 GOALS Public Works Building • Acquire Eagle Trucking Watertower • Acquire a future building site Downtown Revitalization • City contributions towards the project to offset assessments Economic Development • Develop promotional literature • Continue to offer tax increment County Road 14 Rerouting • Participate in feasibility studies with County Additional Senior Housing • Pledge general obligation of the City towards bonds Additional Citizen Involvement, Improved Communications with Citizens • Additional advertising Teen Center • Purchase property, retain old public works Trailways • Pave existing trail easements Parks • Purchase Barott Property Parks • Purchase Property Across from LaMotte Park for fishing pier Entrance Monument • Expend funds for structure, lighting, landscaping, etc. 21" Avenue Road Construction 6 Other (,0,9,_s< S (, pA v2iL5 Other Other Other Sent By: Glenn Rehbein Co; 8127846001; Jan -27 -00 10:094M; Page 1/1 Ion' 4 ebz9 To City of Centerville Ate •;i3 Attention: Jim March City Administrator Tom Mayor Linda Council Member Mari Council Member Terry Council Member Reference: Goals for 2000 The following is my list of goals to be reviewed and prioritized. This list begins with the issues I deem to be of the most importance. New location for public works department Economic development within the city Continuation of ordinance up- dating Begin funding for future infrastructure (water tower, downtown utilities, etc.) Downtown revitalization Youth activity center implementation of committee budgets for desired purposes Comprehensive plan periodic review Feasibility of additional senior housing Maximize citizen involvement Reduction of building permits as major revenue source with -out raising taxes Sincerely, Dick Travis Councilmember Goals 2000 Terry Sweeney I. Public Works Building. II. Water Tower Fund. III.Downtown Revitalization. V.City Gateway. V. Attract Businesses to Industrial Park. VI.Fete de lac 'Revitalization ". VII.City Holiday, Festival, and/or Community "Pride" signs. The above goals are in no specific order. These are the things I'd like to see accomplished before the end of 2000. Some of the above goals are well on their way, and I think they can realistically be accomplished this year. • GOALS and OBJECTIVES 2000 by Tom Wilharber Public Works Building Water Tower Downtown Revelation Economical development (Business & Industry) Rerouting of Anoka County 14 around city to the North Senior Citizen Housing addition Citizen Involvement Communications with citizens / other communities Teen Center Trailways Parks ( to include picnic areas / shelters, etc.) / 2000 GOALS / Public Works Building • Ac Eagle Trucking Watertower • Acquire a future building site .Zvi - yj w it ck'2 Downtown Revitalization • City contributions towards the project to offset assessments Economic Development • Develop promotional literature • Continue to offer tax increment County Road 14 Rerouting • Participate in feasibility studies with County Additional Senior Housing • Pledge general obligation of the City towards bonds Additional Citizen Involvement, Improved Communications with Citizens • Additional advertising Teen Center • Purchase property, retain old public works Trailways P-4' S -- • Pave existing trail easements Z Parks 4130o k � _ . - • Purchase Barott Property �-< �y^ `^— f 1 PAY Parks `- • Purchase Property Across from LaMotte Park for fishing pier Entrance Monument • Expend funds for structure, lighting, landscaping, etc. 21" Avenue Road Construction Other _ S r t h t r C_ vs Other 1 1 -1 -& t in F Tr"'k no L., At, ,,r5 �� , � ^ L. Other NO-( b -L La v-ex Other tX - L c r -=- `w; 3 ' e.--ZJ 2000 GOALS Public Works Building • Acquire Eagle Trucking Watertower • Acquire a future building site Downtown Revitalization • City contributions towards the project to offset assessments Economic Development • Develop promotional literature • Continue to offer tax increment County Road 14 Rerouting • Participate in feasibility studies with County Additional Senior Housing • Pledge general obligation of the City towards bonds Z Additional Citizen Involvement, Improved Communications with Citizens • Additional advertising Teen Center • Purchase property, retain old public works j Trailways • Pave existing trail easements Parks • : Purchase Barott Property Parks • Purchase Property Across from LaMotte Park for fishing pier 3 Entrance Monument • Expend funds for structure, lighting, landscaping, etc. 21" Avenue Road Construction Other r F_1 [ tz `� y / vf—t Other Other Other 2000 GOALS I Public Works Building • Acquire Eagle Trucking Watertower - a �e 0- 1 ce r� • Acquire a future building site °- Downtown Revitalization 1 i c rat e .• • City contributions towards the project to offset assessments � ; � � Economic Development • Develop promotional literature • Continue to offer tax increment County Road 14 Rerouting • Participate in feasibility studies with County Additional Senior Housing • Pledge general obligation of the City towards bonds Additional Citizen Involvement, Improved Communications with Citizens • Additional advertising Teen Center • Purchase property, retain old public works Trailways • Pave existing trail easements Parks • Purchase Barott Property Parks • Purchase Property Across from LaMotte Park for fishing pier 3 Entrance Monument • Expend funds for structure, lighting, landscaping, etc. 21' Avenue Road Construction Other 5 ;cep o C',+_, { kp Other it 4 07Y C i { '� � , d ca#e jcsa Other tagge etaiiat Other 4o ego eectIiS c W� ,n lac Jou -�i inc-- n � era) _ `. tt 1 s� 9 5 e ne Q- v a', at 6ra.,.a .c( l sae' o. /l'tateN (grand' Foi ( .r (04- Pro per -.� g- A-4 act or 3 arro-r Ro er e 1 c+ fOGvS �6cJ ✓t �"dW.� MEMO DATE : February 17, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Public Works Property Proposal Included in your packet is the proposal that was received from St. Genevieve's church for the current public works property. This is the only proposal that was received. I had received many calls on this property and several developer's looked at the site. We could sell the site tomorrow if we wanted to allow apartment buildings or multi -unit townhomes on the property. I would recommend that the City consider holding the property at this time. If the Council pursues the Eagle Trucking facility, the City could proceed with removing the old buildings, implement phase one of the water extension and streetscape enhancements and then possibly execute a short term lease with the church to use the site for parking until a more desirable proposal was received for redeveloping the site in the future. February 10, 20000 Mr. J. March City Administrator City of Centerville 1880 Main St. Centerville, MN 55038 Subject: Public Works Property Purchase Parcel's 23.31.22.23.0005, 23.31.22.23.0006, 23.31.22.23.0007, 23.31.22.23.0009, 23.31.22.23.0010 and 23.31.22.23.0014 Dear Mr. March; The Church of St. Genevieve would like to submit an offer to purchase the Public Works Property identified in the above parcel's. The Church of St. Genevieve has short term and long term plans for the property. With the continual growth of the surrounding communities, we have seen an increase in participation in our Parish. Accordingly, parking during masses and Church activities has become an increasing problem. It would be our intention to initially use the property as parking space as needed. The Church of St. Genevieve has begun the initial process of long term planning for the future of the Parish. This has included retaining an architect firm to do a preliminary study on the surrounding community and projected needs of our Parish. Nothing has been decided at this time but it is apparent the facilities will be inadequate as they are to fulfill the requirements of the community. The St. Paul Archdiocese has stringent guidelines in Church facilities and open areas. It is a priority that any property and facilities be environmentally friendly to blend in with the community. We have not prepared any drawings or sketches at this time due to the early stages of our planning. They will be shared as our planning continues. We understand that the Church would be responsible for the demolition of the Public Works building. We also understand the City of Centerville has not done any soil testing of the site nor investigations into other hazardous materials contained on the site. Accordingly, our offer is contingent upon further review of these conditions. Our offer is for $25,000 payable upon closing. Please feel free to address any questions to the undersigned. Sincerely, #4,0 w A. Melcher St. Genevieve Parish Council, Chair 651- 464 -7525 MEMO DATE : February 17, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Hunter's Crossing Feasibility Study and Comprehensive Plan Amendment Mr. Rick Carlson is requesting that the City authorize the City Engineer to proceed with a feasibility study for the proposed development to be known as Hunter's Crossing. Mr. Carlson is also requesting that the City authorize consultant Dean Johnson (Resource Strategies) to proceed with the process of applying for a comprehensive plan amendment to move the former Prachar property ahead one year in the MUSA staging. Mr. Carlson understands that both of these items would proceed at his own risk and expense. Mr. Carlson has already escrowed $5000 with the City and has expressed his willingness to escrow more to continue the process. MEMO DATE : February 17, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : Appointment of Mady Reiter as Tri -City Police Commission Chairperson Mady Reiter has indicated an interest to continue to serve as the chairperson for the Tri - City Police Department Police Commission. Each of the member City Councils is being asked to endorse Ms. Reiter as the chairperson. Ms. Reiter did a great job in facilitating the task force meetings when the discussions were occurring on forming the Tri-City Police Department. Ms. Reiter is a Council member from Shoreview and is a non - voting member on the Tri-City Police Department Police Commission. MEMO DATE : February 17, 2000 TO : Honorable Mayor and Council FROM : Jim March RE : YMCA Development Agreement Included in your packet is a copy of the development agreement that the YMCA has with the City of Lino Lakes. This item is being placed on the agenda for discussion purposes only. There is no required action needed at this time. This item will be discussed at the next Park and Recreation meeting in March. Mr. Daryl Silverness plans to bring a proposal to the City that would include the possibility of providing summer programming this year in our parks to serve the youth in the community. • REVISED DRAFT (12/22/99) YMCA/CITY OF LINO LAKES DEVELOPMENT AGREEMENT A. FACILITY 1. The YMCA constructs a facility of approximately 37,000 square feet that includes a teen center, gym, indoor pools, running/walking track, cardiovascular /strength training area, aerobic studio, family program space and Child Watch. Building design will provide for future expansion opportunities. 2. The YMCA site and building plan will adhere to the principles of the Village Master Plan and its development standards. 3. The YMCA will hold responsibility for the design of the facilities listed in A -1, and operations and programming within the facility, including the hours of operation. The City of Lino Lakes, through its participation on the board of directors and its city staff liaisons acting as at -large members on the facilities, finance and programming committees, will provide comment regarding the architectural design, site layout, landscaping, parking, lighting and signage incorporated within the design standards. City staff and the YMCA will meet periodically to discuss program offerings and to review and plan complementary and joint programming. 4. The YMCA will be subject to the city's comprehensive plan, zoning ordinances, and site plan reviews. The YMCA will be responsible for obtaining any other necessary permits from other public regulatory agencies. B. FINANCIAL COMMITMENT 1. It is anticipated the cost for construction of the facility will be in the range of $6 million, including in -kind donations, based on year 2000 construction costs. 2. The City of Lino Lakes commits to $1.5 million in support of the construction of the YMCA upon acceptance of the development agreement by the Lino Lakes City Council. (Note: The method and schedule for conveyance of this funding is unknown but will be included in this agreement). The YMCA commits financial development to secure funds to construct the facility. If a shortfall exists, the YMCA agrees to debt finance up to $1.5 million. 2. The City of Lino Lakes will provide infrastructure (road, sewer, water) to the property. The YMCA will be responsible for all costs associated with utility hook -up from the street to the facility. The YMCA will be solely responsible for all permit fees, SAC fees, and connection charges. 3. The YMCA will be solely responsible for all costs in excess of the sum contributed by the city, including financing, administrative, architectural, engineering, • construction management, surveying and legal costs, site and building plan review fees, but excluding economic development staff time, city financial consultant and city attorney expense. C. RESIDENTIAL USE COVENANTS Local YMCA individual and family memberships will be available to Lino Lakes residents at a 10% discount below standard pricing of all membership categories offered through the YMCA of Greater Saint Paul for 15 years from the date the YMCA is operational. 2. Initial one -time reduction of 25 percent off membership fees will be available to Lino Lakes residents from the date the YMCA is operational. The YMCA shall inform all eligible members of their right to the discounts at the time of registration. 3. The YMCA will provide a minimum of four community events annually when the facilities are available free to all residents of Lino Lakes for 15 years from the date the YMCA is operational. 4: A teen center will be available to all Lino Lakes teens during the YMCA teen center's hours of operation for 15 years from the date the YMCA is operational. • 1. If the YMCA enters into an agreement with another city in which membership discounts are established, the rates in this agreement may be adjusted so that they are no higher than rates provided other cities. 2. Lino Lakes residents will be subject to the same rules, regulations, conditions and limitations of use as all regular YMCA members. D. PROPERTY RIGHTS The City of Lino Lakes will transfer title of 6.7 ± acres of land to the YMCA at the time the above conditions are met. The land will be conveyed by ordinance as required in the City Charter. The land and building may not be sold to a private, for - profit corporation in the event of default, bankruptcy, insolvency, etc. The ownership of the land will revert back to the city. E. INDEMNIFICATION 1. The YMCA will indemnify and hold harmless the City from all liabilities, obligations, damages, penalties, claims, costs, including architects and attorney's fees, for any reason including work done in or on the property of the YMCA; any use, operation, maintenance or management in and on the property of the YMCA; any Not Approved CENTERVILLE ECONOMIC DEVELOPMENT COMMITTEE REGULAR MEETING MINUTES FEBRUARY 15, 2000 Pursuant to due call and notice thereof, the Centerville Economic Development Committee held their regularly scheduled meeting on January 18, 2000 at City Hall, 1880 Main Street. Present: EDC Chairperson Tim Rehbine Committee Member Mary Capra Committee Member Lori Dorn Committee Member Paul Montain Committee Member Betsy Scheller Council Member Dick Travis Staff: EDC /StaffLiaison Aimee Fairbrother Absent: Committee Member John Magill Committee Member Michelle Moser CALL TO ORDER Acting Chairperson Paul Montain called the meeting to order at 7:07 p.m. APPROVAL OF MINUTES Motion by Ms. Scheller to approve the January 18, 1999 meeting minutes, after noted change. Ms. Dorn seconded the motion. Ms. Capra abstained. Motion carried. OLD BUSINESS DESIGN TEAM — "IDEAS IN ACTION" A. City Theme (historical) Ms. Capra and Ms. Dorn indicated they have researched the process required to have buildings or land placed on the Historical Registry. Ms. Capra and Ms. Dorn agreed the requirements the City would need to fulfill in establishing a Historical Commission may be more then they are able to offer at this time. Ms. Capra added that through her research she has learned Anoka County has a listing of historic buildings. The committee felt they would be further ahead if they concentrated on placing buildings on the Anoka County Historical -1 - Register. It may be easier to have the buildings placed on the state register, if they are already on the Anoka County listing. The committee discussed the possibility of property owners not wanting their structure (s) on the registry, resulting in research and work with a diversified outcome. Ms. Scheller and Ms. Capra will make phone calls to potential "historic" property owners to educate them on the process. Ms. Capra, Ms. Dorn and Ms. Scheller will work together on submitting an article in the LeJoumal and LePetit, the city newsletters. Ms. Capra will also contact Anoka County for more information. Phase L Downtown Revitalization The committee discussed ideas from the City of Biwabik and the City of Lindstrom, which are cities that have gone through or are going through redevelopment. The committee agreed that zoning issues need to be set in place, because zoning is "the vehicle" needed to incorporate streetscape visions for our downtown. The committee will invite Design Team volunteers, the Downtown Revitalization Committee and all business owners for a Downtown "theme" Workshop on March 21, 2000 at 6:00 p.m, Ms. Scheller and Ms. Fairbrother will create sample theme ideas and prepare an agenda for the meeting. The committee would like to present council with a theme idea for downtown by the May Business Appreciation Dinner. Ms. Fairbrother added today was the deadline for the request for proposals on the public works property. One request for proposal was submitted. B. YMCA The committee discussed briefly benefits and concerns of the city donating $250,000 to the YMCA in exchange for resident discounts and parks and recreation programs. The committee continues to be interested in the progress of this development. SPECIAL REVENUE FUND A. LOGO MUGS Ms. Fairbrother shared the marketing idea she created based on the committee's request and concern for slow sales of the mugs. Motion by Ms. Capra and seconded by Ms. Dorn to accept and implement the marketing concept for the muds. Motion carried unanimously. ORDINANCE UPDATE Ms. Fairbrother updated the committee on Planning and Zoning's progress of the Ordinance #4 -2- rewrite. Ms. Fairbrother indicated Mr. March anticipates a "draft" copy of the ordinance by March. He also shared the following information: • The "sign" subdivision has been revised. • The accessory building structures will be 200 square feet or 2% of the lot size. • The home occupation section has been modified. • Mixed use criteria for the downtown. • Set backs will be governed by the building codes, to incorporate reduced set backs in the downtown area. Mr. Rehbine stated the above listed items were good for the downtown, and would like to see a covenant in the ordinance requiring 50 -foot lot lines. NEW BUSINESS SNOWMOBILE ORDINANCE Mr. Montain added this agenda item. Mr. Montain shared his feelings about the recent public hearing. Mr. Montain voiced he was not impressed on how the City handled the situation or how the press took hold of it. Mr. Montain feels the issue is an enforcement and informational problem. ROTATE PORTABLE EXHIBITS - Tabled AWARDS • The following residents were nominated for the "Citizen of the Year" Award: Ray and Karla DeVine 1837 Revoir Street Tom and Aimee Fairbrother 1844 Revoir Street Aimee Fairbrother 1844 Revoir Street The following businesses were nominated for the `Business of the Year" Award Lloyd Drilling - Developer Gator Signs — Brian Bernier Trio Inn — Paul Montain Ms. Capra will create the ballot form, and Ms. Fairbrother will distribute them to City Staff. Voting forms will need to be submitted by March 15, 2000. ADJOURNMENT Motion to p adjourn at 9:00 .m. was made by Ms. Capra, and seconded by Ms. Scheller. 1 Motion carried unanimously. - 3- -4- uosTrldP1S /Da3 iag1o.igire3 aaumw `pannugnS £j1gpoadsa r' t • tte 1880 Main Street • Centerville,' MN 55038 Established 1857 (651) 429 - 3232 • Fax (651) 429 - 8629 February 16, 2000 Mr. Tom Peterson Bonestroo, Rosene, Anderlik and Associates 2335 West Highway 36 Saint Paul, MN 55113 Re: Future Trail Establishment within Developer Agreements I Dear Mr. Peterson: The Centerville Parks and Recreation Committee is requesting any future Developer Agreements be written to include the establishment/placement of trails (class five base) within the development, prior to the construction of any dwellings. With the placement of the trails prior to construction, it will ensure future trails will exist within the new development as well as connect the existing trails within the City. If you have any questions or concerns, please feel free to contact Jim March at: 429 -3232. The Centerville Parks and Recreation Committee would like to extend our thanks for your attention to this matter. Sincerely, Centerville Parks- anel/Recreatton.Cattuni ttee. CPR/jml CC: Centerville City Council Planning and Zoning Commission Attorney James Hoeft Paul Palzer, Building Official/Public Works Director Jim March, City Administrator